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(영문) 부산고등법원 2020.05.27 2019누23661
손실보상금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The plaintiffs are responsible for the total costs of the lawsuit after the filing of the appeal.

Reasons

1. The facts below the basic facts do not conflict between the parties, or evidence Nos. 1 to 45, and evidence Nos. 1 to 11 can be acknowledged in full view of the whole purport of the pleading, and there is no counter-proof.

On December 2, 1983, the head of Ulsan-si designated and announced the Ulsan-gun AW and AX Day 1.66 m2 as the “X Gun Park” (Public Notice Y of Ulsan-gun), and on September 7, 1987, the head of Si/Gun determined and publicly announced the “X Gun Park Master Plan” with the content of designating specific use districts (collective facility district, village district, natural environment district, nature conservation district), by dividing X Gun’s zone into specific use districts (collective facility district, village district, natural environment district, nature conservation district

(Public Notice BD in Ulsan District). (b)

On May 20, 2015, the head of Ulsan-gu determined and publicly announced the “AY Park Planning (Modification) of X Gun Park Park” with the content of installing a multi-purpose square and playground (hereinafter “instant facilities”) on the part of 40,929 square meters in X Gun Park District (hereinafter “instant facilities”), and determined and publicly announced the implementation plan of the “X Gun Park Park Planning” (the name of the project: V development project; hereinafter “instant facilities development project”) with the content of installing a multi-purpose square and playground (YY), and on February 7, 2017, the head of Ulsan-gu as a project implementer and as a project implementer, the head of Ulsan-gu is determined and publicly announced on the implementation plan of the “X Gun Park Park Planning” (the name of the project: V development project);

(W) The area of the facility development project in this case was significantly changed several times). (C) The area of the facility development project in this case was changed.

In order to implement the instant facility development project, the head of Ulsan-gu filed an application for adjudication of expropriation with the Plaintiffs, the owners of each land indicated in the “land to be expropriated” column in the attached calculation sheet located within the project area (hereinafter “each land of this case”), but did not reach an agreement, although consultation was conducted with respect to the compensation for losses.

Accordingly, the adjudication of expropriation by the local land expropriation committee of Ulsan Metropolitan City and its local land expropriation committee of April 27, 2017 and the adjudication of objection by the Central Land Expropriation Committee of October 26, 2017 on each of the instant land is designated as X Gun Park on December 2, 1983.

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